Divorce and marriage are of such general importance that they
should be controlled by federal statutes rather than by state laws. If
such an amendment to our present federal constitution were enacted, it
might not result in greatly decreasing the number of divorces in this
country, but it would result in bringing about uniformity in the
different states in the matter of marriage as well as in the matter of
divorce, which, from many points of view, is desirable. Moreover, if
divorce were under federal control this would throw all divorce cases
into the federal courts, and would, perhaps, secure a stricter
administration of divorce laws.
But it is evident that the main reliance in combating the evils which
have given rise to the present instability of our family life must be
placed upon education rather than upon legislation. Legislation, we may
here note, has many shortcomings as an instrument of social
reconstruction or reform. Legislation is necessarily external and
coercive. It fails oftentimes to change the habits of individuals, and
very generally fails to change their opinion.
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